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Swapgate team
November 19, 2024
~16 min read

Terms of Use

These Terms of Use and any terms included herein (the “Terms”) apply to your (“user”, “you”) use of the Services, including swapgate.io (the “Website”), technology and integrated platform, as well as any related applications (including, without limitation, mobile applications) operated and maintained by swapgate.io (the “Website”) and its analogues as used herein (“SwapGate”, “We” or “ Us”).

We provide you with the opportunity to use our Services as defined above, subject to the following terms and conditions.

SwapGate is owned by Momentum Digital LTD, registration number 239957, Republic of Seychelles.

1. Enforcement and amendments

1.1 These Terms of Use constitute a binding agreement between SwapGate and the user from the moment the user accesses the Website and uses the Services. The user thereby confirms that he has fully read and accepted these Terms of Use before using this service.

1.2 User agrees that the Terms of Use may be updated from time to time at SwapGate’s discretion. If the user does not read and accept the Terms of Use in full, the user should not use or continue to use the Services.

1.3 We reserve the right to change, amend or modify these Terms from time to time in our sole discretion.

2. Services Provided

2.1 Our Services provide you with the opportunity to exchange one type of crypto asset for another.

2.2 For the purposes of this Agreement, “Exchange” means the exchange of one type of cryptoasset for another type of cryptoasset under the terms established by the exchanging parties, which is carried out through a Third Party Service on the relevant blockchain network. When you exchange crypto assets, you acknowledge and agree that the Exchange will be conducted through a third party exchange service with additional fees applicable to such Exchange. You acknowledge and agree that exchange rate information provided through the Services is indicative only and may differ from actual rates available through other sources outside of our Services.

2.3 “Crypto-assets” are defined herein as a type of asset that can only and exclusively be transferred via blockchain technology, including, but not limited to, digital coins and digital tokens, as well as any other type of digital medium of exchange such as Bitcoin, Ethereum (Ethereum), Ripple, etc., in full form and without accompanying any securities.

2.4 To carry out exchanges through our Services, our system automatically generates a specific address that contains information about the User; (ii) the crypto asset that the User wants to exchange and the crypto asset that the User wants to receive (collectively, the “crypto pair”); and (iii) the recipient address provided by the user (the address where the exchanged crypto assets will be stored).

2.5 YOU RELEASE SWAPGATE FROM ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER RESULTING FROM TATE ACTIONS UNDER AN AGREEMENT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE RELATING TO YOUR USE OF OUR SERVICES, INCLUDING, WITHOUT LIMITATION, RESULTING FROM YOUR PERSONAL ERROR AND VIOLATIONS, SUCH AS IMPROPER USE OF ADDRESS, IMPROPERLY BUILT TRANSACTIONS ETC.

2.6 SwapGate does not provide custodial services, which means we do not hold your crypto assets in deposits or balances. In limited cases, such as the need for Anti-Money Laundering and Know Your Customer procedures, the exchange may be delayed. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT ANY DELAYS MAY BE POSSIBLE; YOU RELEASE US FROM ANY AND ALL COMPLAINTS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR ANY OTHER KIND OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS RESULTING FROM TATE OF ACTIONS UNDER THE AGREEMENT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH DELAYS IN EXCHANGE, WHETHER OUR FAULT OR NOT.

2.7 SwapGate reserves the right to apply Anti-Money Laundering and Know Your Customer procedures to certain Users, addresses and individual crypto asset transactions. The implementation of Anti-Money Laundering and Know Your Customer procedures is subject to the internal policies of our liquidity providers and is aimed at preventing and mitigating possible risks associated with SwapGate services related to money laundering, as well as any other illegal activity. As one of the parties to such procedures, SwapGate reserves the right to request additional information and documents, which are sent without any restrictions to identify our user and confirm the source of funds. Please note that SwapGate Service reserves the right to appoint a third party service provider to perform this procedure on behalf of SwapGate Service. When processing your information, such service provider will fully comply with our Privacy Policy regarding your personal information.

2.8 SwapGate will not enter into a business relationship with a person or entity suspected of or directly involved in money laundering, or whose source of funds was an illegal activity.

2.9 If there is a floating rate in the exchange direction, then it is recalculated only in the downward direction. The Contractor is not responsible or liable for any delay in the transaction on the part of the client.

2.10 When using the Fixed Exchange Rate option, your rate is “fixed” for 12 minutes, meaning it remains the same regardless of changes in the market. You acknowledge and agree that for the Fixed Exchange Rate option, the exchange rate information available on the Website may be different from the exchange rates for the Floating Exchange Rate option. SwapGate cannot guarantee a fixed exchange rate transaction in certain cases, including but not limited to the following:

  • The user sent crypto assets more than 10 minutes after clicking the “confirm and make payment” button when exchanging using the “Fixed exchange rate” option. In this case, recalculation occurs based on the current exchange rate;
  • The user sent a different amount of crypto assets than the amount to be sent that was displayed on the website, or did not take into account the relevant withdrawal fees and network fees, thus sending an amount that is too small. In this case, the exchange is made at the current exchange rate at the time of receipt of funds;
  • The user sent crypto assets to a previously used disposable address that was generated for a transaction with a fixed exchange rate;
  • The user sent cryptocurrency funds in several transactions to the generated application address. In this case, a refund will be issued minus any applicable fees.
  • If the market situation allows for an exchange, the exchange will be made automatically at the rate confirmed by the client at the beginning of the exchange.
  • If the market situation is such that the exchange can no longer be completed, the crypto assets that the user wishes to exchange will be returned, if at all possible, less any applicable fees.
  • Cryptocurrencies will be manually sent from the exchanges we work with, minus any applicable fees. In this case, the return usually takes up to 24 hours.
  • Cryptocurrencies that took more than two hours to be credited to the exchanger (the number of minimum confirmations for each cryptocurrency is different and can be clarified in the support service) are subject to an additional write-off in the amount of 0.5% of the exchange rate of the liquidity provider, in cases of return or exchange transactions.

2.11 All claims and complaints regarding exchange applications placed within the swapgate.io service must be submitted no later than 7 business days from the date of placement of the corresponding application. When filing a claim, the customer undertakes to provide complete and reliable information about the problem, as well as supporting evidence. swapgate.io undertakes to review each claim as soon as possible and take all necessary measures to resolve the problem. If the claim is not submitted within the prescribed period or incomplete or incorrect information is provided, swapgate.io is not responsible for damage caused to the customer. All claims and other relevant legal documents should be sent to the official email address help@support.swapgate.io

2.12

When sending funds on an Order that requires additional parameters such as MEMO, Destination tag or similar, it is extremely important to enter these data accurately. An error in entering them or incorrectly specifying the parameters, or using the wrong network may result in the irrecoverable loss of your funds. If a transaction is sent without the required details, you should notify our technical support team immediately and provide proof that you initiated or sent the transaction. A fee of 5% of the transaction amount, but not less than twenty (20) dollars, will be charged for the service to recover and refund these funds. We will review your request within 14 days after receiving all necessary evidence. Please note that Swapgate reserves the right to refuse refunds without explanation. You can only request a refund if the transaction amount exceeds thirty (30) US dollars.

2.13 If the client disagrees with the payment, you must contact swapgate.io support within 6 hours from the completion of the application. Applications received after 6 o’clock will not be accepted.

  • If a dispute arises regarding payment due to a technical error in displaying the rate, the client’s disagreement with the rate after payment, or for any other reasons, the client will be recalculated at the rate at the time of receipt of all necessary confirmations in the direction of exchange on liquidity provider. The rate will be determined based on the minimum values ​​in the direction of decline. If there is no direct pair in this direction, the rate will be calculated through the USDT pair.
  • If the client refuses to recalculate the rate at the time of receipt of all confirmations from the liquidity provider, the financial obligations of the service under the application are considered fulfilled in full.

2.14 In case of a technical error related to the exchange, all transactions will be recalculated at the current exchange rate at the time of receipt of funds. The user will be notified of the changes made and the recalculation will be performed in accordance with the current data.

3. Possession of the right

3.1 You represent, warrant, acknowledge and agree, prior to your use of the Services and at all times, that:

  • You use our Services at your own choice, discretion and risk;
  • You are solely responsible for any applicable taxes that may be due when using our Services;
  • You are NOT located in, under the control of, or a national or resident of Afghanistan, American Samoa, U.S. Virgin Islands, Territory of Guam, Iran, Yemen, Libya, Pakistan, State of Palestine, Puerto Rico, Somalia, Democratic People’s Republic of Korea, Northern Marianas islands, USA, Syria, Russian Federation, Republic of Belarus, Republic of Sudan, Transnistria, Abkhazia, South Ossetia, Turkish Republic of Northern Cyprus, Western Sahara, Federal Republic of Ambazonia, Kosovo and the temporarily occupied territory of Ukraine, as well as any other country covered by UN Security Council sanctions list and its equivalent (“Prohibited Jurisdictions”). SwapGate does not operate in Prohibited Jurisdictions. SwapGate reserves the right to select its markets and jurisdictions to operate in and may limit or deny services to certain countries at any time;
  • You are at least 16 years old or have reached the age of majority in your jurisdiction;
  • You agree to pay fees for exchanges made through the Services, as determined by SwapGate, which we may change from time to time;
  • There are risks associated with the Internet system, such as failure of hardware, software and Internet connections, as well as those associated with the blockchain protocol, such as any failure, unexpected task or operation and attack of the blockchain protocol;
  • You warrant that your cryptoassets belong to you and are not sold, occupied, in dispute or confiscated, and that there are no third party rights to your cryptoassets;
  • You provide reliable information to complete the Exchange process (for example, payment address and payment wallet). Such wallet addresses must not be associated with terrorism, fraud, scams or any other type of illegal activity.

3.2 You further represent, agree and warrant that you will not violate any laws, agreements, third party rights or commit torts by accessing or using the Services and that you are solely responsible for your acts and/or omissions while using our Services. Without limiting the foregoing, you represent, agree and warrant that YOU WILL NOT:

  • Use our Services or stop using them immediately if any applicable law in your country prohibits or will at any time prohibit you from doing so;
  • Use our Services for fraudulent, fraudulent or any other illegal purposes;
  • Make exchanges through our Services or attempt to fund cryptoassets obtained as a result of illegal gambling activities;
  • Fraud;
  • Money laundering; terrorist activities; or any other illegal activity. With our Services, the user can only use crypto-assets that were obtained from legal sources;
  • Provide false, inaccurate or misleading information;
  • Attempt to modify, decompile, reverse engineer or disassemble our software in any way;
  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or extract data;
  • Attempt to circumvent any content filtering techniques we use or attempt to access any service or area of ​​our Services that you are not authorized to access;
  • Develop any third party applications that interact with our Services without our prior written consent;
  • Encourage or induce any third party to engage in any activity prohibited under this Section.

3.3 YOU RELEASE US FROM ANY AND ALL COMPLAINTS, CLAIMS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR ANY OTHER DAMAGES OF ANY OTHER KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF RIGHT OF USE, LOSS OF PROFITS, LOSS OF DATA OR ASSETS, WHETHER IN WHETHER AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY RELATING TO THE INVALIDITY OR VIOLATION OF ANY OF THE PROVISIONS OF THIS SECTION AND ALL TERMS AND CONDITIONS.

4. Third Party Content and Services

4.1 For purposes of this Agreement, “Third Party Content” means content provided by third parties, including, without limitation, links to web pages of such parties that may appear on the Site and other Services. However, “Third Party Service” means any platform or network in which cryptoassets are owned by you or you are the beneficial owner of cryptoassets; and this platform is maintained by a third party outside of the Services; including, but not limited to, third party accounts.

4.2 Uncontrollability of third party services. You may be charged fees by a third party service provider. SwapGate is not responsible for payment for any third party services. You are solely responsible for your use of Third Party Services and agree to abide by all terms and conditions applicable to any Third Party Services.

4.3 Exchange rate discrepancies are possible due to third party algorithms at any time. YOU RELEASE SWAPGATE FROM ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR ANY OTHER DAMAGES OF ANY OTHER KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF RIGHTS OF USE, LOSS OF PROFITS, LOSS OF DATA OR ASSETS, WHETHER RESULTING FROM UNDER THE AGREEMENT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY RELATING TO THE INVALIDITY OR VIOLATION OF ANY OF THE PROVISIONS OF THIS SECTION AND ALL TERMS AND CONDITIONS.

4.4 When using our Services, you may view Third Party Content. We do not control, endorse or accept (unless otherwise expressly stated by Us) any Third Party Content and are not responsible for Third Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, obscene or otherwise objectionable. Further, your business dealings or correspondence with such third parties are solely between you and the third party. We are not responsible for any loss or damage of any kind incurred as the result of any such dealings, and you understand that your use of Third Party Content and your interactions with third parties is at your own risk.

5. Intellectual property

5.1 All of our intellectual property (“IP”) assets, including, without limitation, all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, symbols, designs, trade secrets, buttons, color scheme and graphics are protected by local and international intellectual property laws and treaties.

5.2 We hereby grant you a limited, non-exclusive, non-sublicensable license to access and use our IP for your personal use only.

5.3 In any case, you may not change, modify, reproduce, distribute or use for commercial purposes any materials, including text, graphics, video, audio, program code, user interface designs or logos.

5.4 The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.

5.5 If you upload or share feedback, suggestions, ideas, or other information or materials (“Content”) with us, you automatically grant us a license to use your Content worldwide. It becomes part of the public domain as long as it remains on our Website and Services. It may be used for marketing or any other purposes at our discretion.

6. Limitation of Liabilities

6.1 Unless We expressly provide in writing to the contrary, Our Services are provided on an “as is” and “as available” basis. WE EXPRESSLY DISCLAIM, AND YOU EXPRESSLY DISCLAIM, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED IN HIM.

6.2 Except as otherwise required by law, IN NO EVENT SHALL SWAPGATE, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR ANY OTHER DAMAGES OF ANY OTHER KIND, INCLUDING, MO OTHER THINGS, LOSS RIGHTS OF USE, LOSS OF PROFITS, LOSS OF DATA OR ASSETS, WHETHER A RESULT OF ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE M OR THE INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR ARISING OUT OF ANY USER’S USE OF ANY INFORMATION OBTAINED FROM SWAPGATE OR RESULTING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR DEFECTS, INACCURACIES, DEFECTS, VIRUSES, DELAYS IN PERFORMANCE OR TRANSMISSION, AS WELL AS ANY FAILURE OF OPERATION, WHETHER RESULTING FROM FORCE MAJEURE, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SWAPGATE RECORDS, PROGRAMS OR SERVICES.

6.3 Exchanges through our Services cannot be canceled by SWAPGATE. Therefore, please check your exchange details before making such exchange. SWAPGATE is not responsible for your crypto assets once they are sent outside the scope of the Services. Moreover, SWAPGATE does not guarantee the continuous operation of the exchange process.

6.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWAPGATE (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS) AGGREGATE LIABILITY UNDER ANY CIRCUMSTANCES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE ACTIVE, PASSIVE OR CONTINGENT), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORIES ARISING OUT OF THE USE OR INABILITY TO USE SWAPGATE OR THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU TO SWAPGATE DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE OF FILE OF ANY COMPLAINT RESULTING IN SUCH RESPONSIBILITY.

6.5 We are committed to protecting our users from fraudulent and fraudulent activities in the crypto-asset industry. It is possible that some crypto-assets are intended for the illegal seizure of property, or are regarded as fraud, scams or any other activity recognized by law as illegal and/or non-compliant with legal requirements. We reserve the right to prohibit and terminate any Exchanges through our Services involving such cryptoasset in our sole discretion, without prior notice to you and without publishing the reason for such decision when it becomes known to us. YOU RELEASE SWAPGATE FROM ANY AND ALL COMPLAINTS, CLAIMS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR OTHER OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS RESULTING FROM THE ACTIONS OF THE PROVIDER UNDER THE AGREEMENT, TORT (INCLUDING, BUT WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROHIBITION AND TERMINATION OF THE EXCHANGE PROCESS ON OUR SITE WITH ANY CRYPTO-ASSET.

6.6 Swapgate.io may refuse service without explanation or disclosure of reasons.

6.7 If the client uses other cryptocurrency addresses, as well as email addresses in order to bypass the blocking in the service, then Swapgate.io retains up to 5%.

7. Other

7.1 These Terms contain the entire agreement and supersede all prior and contemporaneous agreements between the parties regarding the Services.

7.2 In the event of any conflict between these Terms and any other agreement you may enter into with SWAPGATE, the terms of that other agreement will control only if these Terms are specifically defined and declared to be superseded by that other agreement.

7.3 Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.

7.4 The invalidity or invalidity of any of these Terms will not affect the validity or invalidity of any other of these Terms, all of which will remain in full force and effect.

7.5You may not assign or transfer any of your rights or obligations under these Terms without SWAPGATE’s prior written consent, including by operation of law or in connection with any change of control. SWAPGATE may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

 

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